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Separated husband passes away
Comments
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The death in service and pension aren't paid out according to a will. Usually the member names a beneficiary in an expression of wishes form but the trustees can override that if they believe circumstances have changed. If you we're not named tgen the money won't go to you and if you we're named but separated after then it's likely the trustees/administrators would decide to pay out to a relative. I don't know if they'd tell you if you asked but as you were still legally his wife they might.
Does life insurance ever pay out to the estate or just to a named beneficiary. If the former then it will pay out according to the will or intestate laws if there wasn't one. If the latter then it depends if you were the named beneficiary. Again as his legal wife you could try and ask the company.
His estate would need to pay his debts and funeral costs. The rest should go according to his will if he had one. If he didn't it's likely you are due something as his next of kin, as long as there was anything left after the liabilities.Don't listen to me, I'm no expert!0 -
Many people have pensions without declaring a death in service nomination. There are advantages in nomination (it can be paid quickly without probate, and does not count as part of your estate). But some people do not bother with a nomination if for example they know it will be paid out as part of their Will or to their spouse. Also people do nominate but forget to cancel the nomination when things change. However, I would contact the pension administrator, say you are his wife and ask the question. If you are a nominee they cannot just pay the money to your SIL and they will have to receive a copy of the DC to pay out. Also you may still be entitled to a Windows Pension if it was a DB Pension. Suggest contacting them quickly.
If you know his sister is the executor of his estate that implies you know he had a Will. If not are you relying on what she says or did he tell you? If the former you could register an interest with the Probate Registry since if there is no Will as his wife you have priority in applying for Probate.
If there is no pension nominee, they will probably not pay out without Probate. Similarly if he owned a house Probate will be needed.
If SIL is executor you should be able to see the Will once Probate is granted as someone said above it will be on line for a small fee.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0
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